SB 0732 Creates civil recovery for false or fraudulent monetary claims made to the state
LR Number:3003S.02I Fiscal Note:3003-02
Committee:Civil and Criminal Jurisprudence
Last Action:02/16/00 - Hearing Conducted S Civil & Criminal Jurisprudence Journal page:
Effective Date:August 28, 2000
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Current Bill Summary

SB 732 - This act creates a civil action to recover for false or fraudulent monetary claims made to the state. The act authorizes the Attorney General, certain political subdivisions, and citizens to file suit on behalf of the state.

The act provides for civil penalties and treble damages against defendants found guilty and allows for recovery to the citizen plaintiffs of 15-25% if the state takes over the case or 25-30% if the citizen brings action alone. It also allows payment of 10% to informers.

The state retains independent rights over a citizen plaintiff, including the right to exclude the citizen from participation. Procedures and civil investigative demands are detailed in the act.

The act establishes the "Whistleblower Reward and Protection Fund" and procedures for distribution of any recovery. Any financial recovery does not directly reimburse the state or the department that was the victim of the fraudulent claim, but is dispersed to the Attorney General, the State Highway Patrol, citizen plaintiffs and witnesses, and to pay the cost of investigation. Any remaining funds shall be transferred to the General Revenue Fund.

This act is identical to SB 526 from 1999.